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26LSO-0370
2026
STATE OF WYOMING
26LSO-0370
Numbered
2.0
HOUSE BILL NO. HB0139
Exempting specified retail electric sales from regulation.
Sponsored by: Representative(s) Filer, Andrew, Davis, Geringer, Sherwood and Thayer and Senator(s) Love and Rothfuss
A BILL
for
AN ACT relating to public utilities; specifying that the retail sale of electricity by specified persons to specified customers is exempt from regulation by the public service commission; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 37
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1
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101(a)(vi)(H) by creating a new subdivision (XI) and 39
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15
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103(a)(i)(E) are amended to read:
37
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1
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101.
Definitions.
(a)
As used in chapters 1, 2, 3, 12, 17 and 18 of this title:
(vi)
"Public utility" means and includes every person that owns, operates, leases, controls or has power to operate, lease or control:
(H)
None of the provisions of this chapter shall apply to:
(XI)
The retail sale of electricity by a person who is not otherwise regulated as a public utility under this title, a cooperative electric utility defined in W.S. 37
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17
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101(a)(i) or a utility owned and operated by a municipality, to:
(1)
One (1) customer within the certificated service territory of a public utility, excluding a cooperative electric utility as defined by W.S. 37
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17
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101(a)(i) or a utility owned and operated by a municipality;
(2)
Not more than four (4) customers with a total combined electric load of not less than five (5) megawatts within the certificated service territory of a public utility, excluding a cooperative electric utility as defined by W.S. 37
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17
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101(a)(i) or a utility owned and operated by a municipality; or
(3)
Not more than four (4) customers within the certificated service territory of a public utility, subject to all of the following:
a.
The customers submit an application for new or additional electric service to the certificated public utility;
b.
The public utility does not respond to the customer's request with an evaluation of the request within six (6) months or the public utility determines that the public utility is unable to provide the requested service within one (1) year of the request or within another period as agreed upon by the public utility and the customer;
c.
The public utility and the customer cannot agree to a tariff, agreement or electric service agreement as provided in W.S. 37
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3
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116.
39
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15
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103.
Imposition.
(a)
Taxable event.
The following shall apply:
(i)
Except as provided by W.S. 39
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15
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105, there is levied an excise tax upon:
(E)
The sales price paid to public utilities as defined in W.S. 37
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1
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101 through 37
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3
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114 and to persons furnishing gas, electricity or heat for domestic, industrial or commercial consumption
, including persons that sell electricity and are not regulated as a public utility as provided in W.S. 37
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1
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101(a)(vi)(H)(XI)
;
Section 2
.
This act shall apply to all tariffs, contracts and other agreements entered into on and after the effective date of this act. Nothing in this act shall be construed to alter, amend or impair any agreement entered into before the effective date of this act, provided that nothing shall prohibit an electric customer or public utility from entering into or renewing an agreement, contract or tariff after the effective date of this act for the agreement, contract or tariff to conform with this act.
Section 3
.
This act is effective July 1, 2026
.
(END)
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HB0139